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HomeMy WebLinkAbout2020-04-22-PB-min PLANNING BOARD MINUTES MEETING OF APRIL 22, 2020 Minutes of the Lexington Planning Board Held on April 22, 2020, Virtual Meeting per Governor Baker’s Order at 7:00pm Present: Robert Creech, Chair; Charles Hornig, Vice-Chair; Robert Peters, Clerk; Ginna Johnson; and Richard Canale. Also, present was Amanda Loomis, Planning Director Robert Creech, Chair, read the agenda into the record, introduced members of the Planning Board and Planning Department Staff, and called the meeting to order at 7:00 p.m. on Wednesday, April 22, 2020. Mr. Creech read the following statement relative to the recent outbreak of COVID-19. Good evening. This meeting of the Lexington Planning Board is being conducted remotely consistent with Governor Baker’s Executive Order of March 12, 2020, due to the current State of Emergency in the Commonwealth due to the outbreak of COVID-19. In order to mitigate the transmission of COVID-19, we have been advised and directed by the Commonwealth to suspend public gatherings, and as such, the Governor’s Order suspends the requirement of the Open Meeting Law to have all meetings in a publicly accessible physical location. Further, all members of public bodies are allowed and encouraged to participate remotely. The Order, which you can find posted with agenda materials for this meeting allows public bodies to meet entirely remotely so long as reasonable public access is afforded so that the public can follow along with the deliberations of the meeting. Ensuring public access does not ensure public participation unless such participation is required by law. This meeting will feature public comment. For this meeting, the Lexington Planning Board is convening by video conference via Zoom as posted on the Town’s Website identifying how the public may join. Please note that this meeting is being recorded, and that some attendees are participating by video conference. Accordingly, please be aware that other folks may be able to see you, and take care not to “screen share” your computer. Anything that you broadcast may be captured by the recording. Development Administration 1. 91 Hartwell Avenue, Continued Public Hearing for Site Plan Review with Special Permits Present for the Public Hearing: Attorney Ed Grant; Eric Joseph, Paul Finger Associates Inc.; Shaun Kelly, Vanasse & Associates, Inc.; John Cappellano, Lincoln Property Company; Michael Foster, Lincoln Property Company; and Paul Finger, Paul Finger Associates Inc. Robert Creech, Chair opened the continued public hearing for the Site Plan Review with Special Permits for the property at 91 Hartwell Avenue and then requested a presentation from the Applicant. Attorney Grant introduced the project team for 91 Hartwell Avenue. Attorney Grant reviewed the status of the project since the last public hearing held on March 26, 2020. Shaun Kelly provided a review of the project relative to transportation, site circulation, in addition to mitigation measures to aid in the alleviation of traffic concerns associated with the Page 2 Minutes for the Meeting of April 22, 2020 project. Mr. Kelly stated that employees would be provided with a MBTA pass, and that the Applicant is working to implement various trip reduction programs, which include rideshare and carpool programs for employees. Paul Finger provided a review of the site design and engineering services that his firm conducted for the project. Mr. Finger provided a review of the updated plans dated April 21, 2020 and April 22, 2020, in addition to a letter of comment dated April 16, 2020. Mr. Creech requested comments from the members of the Planning Board. The following comments were provided.  Charles Hornig stated that the Planning Board is waiting for information from the wetlands and traffic peer reviews. Therefore, the Planning Board will not be in a position to vote on this project tonight. Mr. Hornig requested a timeline from the project team relative to the completion of the project. Mr. Finger provided a brief review of a timeline relative to both the Planning Board and the Conservation Commission’s review.  Ginna Johnson requested that the project team review with the Planning Board the site plan that showed the courtyard and highlighted that an accessible pathway be provided from the accessible off-street parking spaces. Ms. Johnson stated her concerns relative to accessibility, in addition to potential conflicts relative to site circulation. Ms. Johnson requested clarification regarding waiver requests from the Sign Bylaw. Ms. Johnson noted that she does not support waivers from the Sign Bylaw.  Richard Canale requested clarification from Ms. Loomis regarding the need to vote for the use of a traffic peer review consultant. Mr. Canale requested clarification regarding the off-street parking lot and the demand required for the project. Mr. Canale requested clarification regarding the proposed traffic contributions that the project will provide.  Robert Peters requested clarification regarding the space to the right of the accessible off- street parking spaces, previously reviewed during Ms. Johnson’s comments. Mr. Peters requested clarification as to what the space is intended to be utilized for. Mr. Peters further questioned the ability for emergency vehicles to circulate within said area.  Mr. Creech requested information regarding the size of the largest truck that would visit the site for the purpose of ensuring adequate site circulation. Mr. Creech further requested clarification about the potential of installing solar panels on the property.  Mr. Canale requested clarification regarding the parking garage which as proposed is not attached to the building. Mr. Canale questioned if there could be a covered walkway to get between the parking garage and the structure. Mr. Creech opened the floor for public comment. The following public comment was provided.  A statement that the project proposed should not be approved since it is does not comply with existing zoning. The Planning Board and the project team briefly discussed timeline for the project and when the project team would be ready to come back to the Planning Board. Charles Hornig moved that the Planning Board continue the public hearing to May 27, 2020 at 7:00pm. Robert Peters seconded the motion. Minutes for the Meeting of April 22, 2020 Page 3 Mr. Canale requested that the Planning Board vote upon the use of a peer review consultant for traffic before closing the public hearing. Mr. Hornig withdrew his motion. Richard Canale moved that the Planning Board require a transportation peer review to provide an analysis and a review of the Transportation Demand Management (TDM). Ginna Johnson seconded the motion. The Planning Board voted in favor of the motion 5-0-0 (roll call Richard Canale – yes; Ginna Johnson – yes: Charles Hornig – yes; Robert Peters – yes; and Richard Creech – yes). MOTION PASSED Charles Hornig moved that the Planning Board continued the public hearing to May 27, 2020 at 7:00pm. Robert Peters seconded the motion. The Planning Board voted in favor of the motion 5-0-0 (roll call Richard Canale – yes; Ginna Johnson – yes: Charles Hornig – yes; Robert Peters – yes; and Richard Creech – yes). MOTION PASSED 2. Lexington Hill Subdivision – 53 & 61 Walnut Street (Cart Path Lane) – Minor Modification Present for the Public Hearing: Attorney Don Borenstein, Johnson & Borenstein, LLC. Robert Creech, Chair, introduced the public meeting review of Lexington Hills Subdivision, containing Cart Path Lane. Mr. Creech requested a presentation from Attorney Don Borenstein. Attorney Borenstein provided a brief review of the project request, documentation provided to the Planning Department, in addition to the project over the years since it was originally approved. Attorney Borenstein referenced new questions received late this afternoon from Planning Department staff, which responses were provided to. Mr. Creech requested Attorney Borenstein review the questions and responses provided. Attorney Borenstein presented the questions and responses as requested. Mr. Creech requested comments from members of the Planning Board. The following comments were provided.  Richard Canale requested that the plans be recorded and the project be buttoned up, in addition to having the remaining eight (8) lots be constructed upon. Mr. Canale reviewed the direction that the Planning Board should move towards, and questioned if staff felt there was anything to hold up the project.  Charles Hornig requested clarification regarding the 2014 modification, which appears to be effective despite never being recorded. Mr. Hornig requested further clarification relative to the 2017 decision, which may be effective despite never being signed. Mr. Hornig requested information relative to the homeowners and whether they have received noticed or information relative to the proposed modification. Mr. Hornig questioned what it will take to get the roadway completed. A request for the condition of the roadway and would like to see the roadway be completed in a reasonable amount of time.  Ginna Johnson requested clarification regarding the easement and concerned that there is not sufficient width for an accessible trail. Mr. Johnson provided a review of pedestrian easement connections, and when completed would allow for an accessible trail. Ms. Johnson requested Attorney Borenstein provide the images for the record. Ms. Johnson concurred with Mr. Hornig’s request relative to the recording of the plans. Ms. Johnson requested that staff ensure that if the recorded plans stated that the trail be accessible, that the trail be accessible when constructed. Page 4 Minutes for the Meeting of April 22, 2020  Robert Peters stated that he did not have any comments at this time.  Mr. Creech reviewed his recent site visit and highlighted deficiencies that he observed. Mr. Creech noted the items that need to be resolved before the requested amendments can be made.  Mr. Hornig stated that he was only recently able to get to the site and requested a series of items before the Planning Board should vote on the amendments requested for the project. Mr. Hornig stated that he wants to clean up the physical construction of the subdivision.  Mr. Canale concurred with Mr. Hornig’s comments. Mr. Canale stated his concerns with the Planning Board voting this amendment tonight, it would be expected that the Planning Board would see this again.  Ms. Johnson concurred with Mr. Hornig and Mr. Canale’s comments.  Mr. Creech stated that the Planning Board is willing to cooperate but items need to be cleaned up. Mr. Creech requested that Attorney Borenstein work with staff to resolve outstanding items. The Planning Board reviewed potential dates for the next meeting where they can get this project resolved. Ms. Loomis requested clarification from the Planning Board as to what they want staff to be working on. Mr. Creech stated that staff should work on the following items for the next public meeting.  Updated plan sheets from the 2014 and 2017 plan sets.  Potentially work with Town Counsel to obtain an opinion regarding the concerns relative to the law relative to notice of the landowners.  Increase the Letter of Surety, given that the project appears to be a project in trouble.  Prepare a draft decision for the project.  Obtain stormwater inspection logs, which the Operation and Management (O&M) Plan and requires that they have to be provide to the Planning Department.  A request as to whether the Homeowners Association has been formed. Ms. Loomis questioned if the Building Commissioner could issue an occupancy permit as requested by the Applicant. The Planning Board discussed the request and stated that they did not have any objection. It was noted that the Building Commissioner should not issue the occupancy permit if there are other outstanding issues. Mr. Creech stated that the Planning Board would continue this review on Wednesday, May 13, 2020. Board Administration 1. Minutes of April 15, 2020 The Planning Board reviewed the draft minutes of April 15, 2020. It was decided that the Planning Board would take additional time to provide comments and edits to staff. The Planning Board agreed to vote upon the minutes at the May 13, 2020, meeting of the Planning Board. Adjournment Charles Hornig moved that the Planning Board vote to adjourn. Robert Peters seconded the motion. The Planning Board voted in favor of the motion 5-0-0 via roll call (Ginna Johnson – Minutes for the Meeting of April 22, 2020 Page 5 yes; Robert Peters – yes; Charles Hornig – yes; Richard Canale – yes; and Robert Creech - yes). MOTION PASSED The meeting was recorded by LexMedia. The following documents used at the meeting can be found on the Planning Board website in Planning Board packets. 91 Hartwell Avenue:  The Woonaf Concept dated 12.7.12 (33 Pages).  Application Letter to the Planning Board dated 4.16.20 (4 Pages).  Revised Transportation Demand Management Plan April 2020 (13 Pages).  Drain Easement (3 Pages).  Revised Special Permit Request List dated 4.14.20 (1 Page).  Email from Attorney from Attorney Ed Grant dated 4.14.20 (2 Pages).  Peer Review Completeness and Technical Compliance Letter dated 4.20.20 (20 Pages).  Wetlands Replica Area Flow dated 4.20.20 (4 Pages).  Form 11 Soil Suitability Assessment for on-site Sewage disposal (8 Pages).  Flood Profiles (1 Page).  Test Pit Location Plan dated 2.7.20 (1 Page). Lexington Hills Subdivision Plan (Cart Path Lane):  Request latter dated 4.15.20 (7 Pages).  Enclosure 1- 2014 Modification (6 Pages).  Enclosure 2-Grant of Easement Book 50138 Page 520 (3 Pages).  Enclosure 3-2017 Easement Relocation Instrument (5 Pages).  Enclosure 4-2017 Easement Plan (1 Page).  Enclosure 5-Amendment to Homeowners Association to include new easement location (2 Pages).  Enclosure 6-Request 2017 modification dated 1.25.17 (11 Pages).  Enclosure 7-2017 Plan Modification (1 Page).  Enclosure 8-Draft 2017 Modification Decision (4 Pages).  Enclosure 9-Release of Covenant (3 Pages).  Enclosure 10-Photo of Easement location (1 Page). Robert Peters, Clerk of the Planning Board